BRAND FAMILY
As you build your brand, your source indicators may evolve to reflect a number of variables like expansion or single line trending products. This week, we are discussing how the United States Trademark and Patent Office (USPTO) interprets the changes or evolution to your source indicators.
Generally speaking, house marks, family marks, and product marks are all types of trademarks used to distinguish goods and services in the market.
Traditionally, a house mark is a trademark used to identify the provider of a good or service, while a family mark is a trademark used to identify related goods or services from the same source. Similarly, a product mark is a trademark used to identify a specific product or line of products.
House marks do not identify particular goods or services – rather, they identify the provider of a wide variety of goods or services, with such goods or services often themselves identified by a separate trademark or service mark. See. T.M.E.P. 1402.03(b).
To put this concept into perspective, house marks are often used by companies to build brand recognition and loyalty. For small businesses, this is typically the one mark that encompasses the whole of the brand. For example, Coca-Cola is a well-known house mark that identifies the various products produced by the Coca-Cola Company. Family marks, on the other hand, are used to identify related goods or services from the same source. For example, the Marriott family of hotel brands includes Marriott, Courtyard, and Fairfield Inn, among others. Each of these brands is identified by a unique family mark that links them to the Marriott family of hotels.
Finally, product marks are used to identify a specific product or line of products. For example, Nike's "Just Do It" slogan is a product mark that is used to promote a specific line of athletic shoes and apparel. Product marks can also be used to identify a specific version of a product, such as Apple's iPhone 12, which is identified by the product mark "iPhone 12."
While there are differences between house marks, family marks, and product marks, all trademarks serve the same basic purpose: to help consumers identify the source of goods and services in the market. By registering a trademark with the United States Patent and Trademark Office (USPTO), companies can protect their brand identity and prevent competitors from using similar marks, in similar ways, that could cause confusion among consumers.
If you need assistance with your intellectual property portfolio, give us a call at 1-888-752-2629 or schedule a consultation online. We’d be happy to assist you in securing your brand.